Men's Rea

Question 1

Men’s rea

Answer 1

All the mental element of a crime

Question 2

Direct cause

Answer 2

Defendents aim purpose or desire to cause harm

Question 3

Indirect cause

Answer 3

Unintentionally and not obvious proof by using virtual certainty test(woolin)

Question 4

2 causes of indirect

Answer 4

Was death or serious injury a virtual certainty
Did the defendant realise this

Question 5

Recklessness

Answer 5

When the defendant sees an unjustified risk but takes it anyway (cunningham) this is subjective as the defendant must see the risk

Question 6

Transferred malice

Answer 6

When the malice is transferred from the intended victim to the actual victim person to person (latimer)
And object to object (prembilton)

Question 7

Coincidence rule

Answer 7

Most of the time the actus real and men’s real occur at the same time but sometimes it doesn’t(church)
Rule state - the actus reus and men’s rea are a continuing act as long as they occur at the same point the crime will be complete

Question 8

Strict liability test

Answer 8

When a crime does not require men’s real the D will be guilty as long as they commit the actus rea(faggan)

Question 9

Advantages strict liability

Answer 9

Protection of the public
Easier to prosecute as the defendant usually pleads guilty saving time

Question 10

Disadvantages of strict liability

Answer 10

Unfair on defendant as the did not have the men’s rea
A concision could ruin D reputation